Sec. 5.5. (a) The division may not grant specific approval to be a new opioid treatment program. This section does not apply to applications for new opioid treatment programs:

(1) pending prior to March 1, 2007; or

(2) that are operated by a hospital licensed under IC 16-21, an institution licensed under IC 12-25, or a certified community mental health center:

(A) within the licensed hospital, institution, or center; or

(B) in a separate office that meets federal opioid treatment program requirements;

and that meets the requirements of this section.

     (b) A hospital licensed under IC 16-21, an institution licensed under IC 12-25, or a certified community mental health center may apply to the division to operate an opioid treatment program. Upon approval, the hospital, institution, or community mental health center may operate an opioid treatment program in compliance with this chapter and federal law.

     (c) Before June 30, 2018, the division may approve the operation of not more than five (5) additional opioid treatment programs described in subsection (a)(2) only if the division determines as described in subsection (f) that there is a need for a new opioid treatment program in the proposed location and the requirements of this chapter are met.

     (d) Beginning July 1, 2018, the division may approve the operation of not more than nine (9) additional opioid treatment programs described in subsection (a)(2) only if the division determines as described in subsection (f) that there is a need for a new opioid treatment program in the proposed location and the requirements of this chapter are met.

     (e) Not later than June 30, 2018, the division shall report to the general assembly in an electronic format under IC 5-14-6 concerning whether any new opioid treatment programs have been approved under subsection (c). The report must include the following:

(1) The impact on access to opioid treatment programs.

(2) The number of individuals served in the opioid treatment programs approved under subsection (c).

(3) Treatment outcomes for individuals receiving services in the opioid treatment programs approved under subsection (c).

(4) Any recommendations the division has concerning future treatment programs.

     (f) The division shall adopt rules under IC 4-22-2 setting forth the manner in which the division will determine whether there is a need for a new opioid treatment program in a proposed program location’s geographic area.

As added by P.L.210-2007, SEC.1. Amended by P.L.116-2008, SEC.9; P.L.209-2015, SEC.14; P.L.195-2018, SEC.7.